WORLD WINGS PROPERTY INVESTMENT CO PTY LTD v THE COUNCIL OF THE SHIRE OF WARRINGAH [1992] NSWCA 283

WORLD WINGS PROPERTY INVESTMENT CO PTY LTD v THE COUNCIL OF THE SHIRE OF WARRINGAH

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, CLARKE JA and SHELLER JA 11 March 1992, 11 March 1992 [1992] NSWCA 283

LAND AND ENVIRONMENT — LOCAL GOVERNMENT — LEGAL REPRESENTATION LEGAL REPRESENTATION — The appellant company was not legally represented as required by Supreme Court Rules Pt4 (1). One of its directors and its major shareholder, Mr Valassis, sought leave to appear for it. Held: The Court declined to grant leave but invited Mr Valassis to say whatever he wished in support of the appeal.

LAND AND ENVIRONMENT — The respondent, Warringah Shire Council, approved an application for subdivision of land adjoining some land owned by the appellant. The appellant sought a declaration that the approval was null and void. The appellant based its application for relief on two bases: 1. That the Council's approval did not comply with the Council's Subdivision Code; 2. That approval should not have been granted by reasons of consideration of planning merit.

Held: The appellant had failed to establish that the Council's decision was vitiated by legal error or was not one that was reasonably open to it.

Local Government Act

Land and Environment Court Act

Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 5 ACLC 38

KuRingGai Municipal Council v Gormly (1974) 2 NSWLR 102

Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24

Sheller JA The appellant, World Wings Property Investment Company Pty Ltd commenced class 4 proceedings in the Land and Environment Court by an application made on | March 1989. In that application it sought amongst other things a declaration that the approval purported to have been given by the first respondent, which was the Warringah Shire Council, on or about 8 March 1983 to subdivide the property known as 34-36 Delmar Parade, Dee Why was null and void.